FOREWORD by the International Bar Association During the past 50 years, the International Bar Association (IBA) has gained recognition as the global representative of both individual lawyers and the Bar Associations and Law Societies that oversee the profession. Its 180 Member Organisations cover all continents and include the American Bar Association, the German Federal Bar, the Japan Federation of Bar Associations, the Law Society of Zimbabwe and the Mexican Bar Association. The IBA believes in the fundamental right of the world’s citizens to have disputes heard and determined by an independent judiciary, and for judges and lawyers to practise freely and without interference. In 1995 the IBA established the Human Rights Institute (HRI) under the Honorary Presidency of Nelson Mandela to further this work. The Human Rights Institute welcomes members from across the spectrum of legal practice; indeed the vast majority of the most active participants do not practise human rights law in their daily lives but, through membership of the HRI, demonstrate their commitment to supporting the freedom of the legal profession. It is to strengthen this commitment that the present Manual and Facilitator’s Guide have been conceived, composed and compiled. In many countries even traditional legal training tends to ignore the comparative and international dimension, with the result that lawyers and judges often have not been introduced to the remarkable and comprehensive developments of statements of international human rights norms and the decisions and views of the international monitoring bodies and regional courts. The basic problem about international human rights law is not so much its applicability or inapplicability in national systems – the basic problem is how little is known around the world of its provisions! Yet members of the legal profession and the judiciary have an unstated moral obligation to assist in the development of a civil society based upon the rule of law, and, at a more practical level, lawyers and judges have a professional responsibility to maintain their educational and practical proficiency through regular professional programmes. The international and regional human rights instruments and their developing jurisprudence reflect international law and principles and are of vital importance as aids to interpretation, and in helping judges to make choices between competing interests. The Manual seeks to assist practitioners in ensuring they are familiar with human rights jurisprudence and statements, and their practical application. As noted by Justice Bhagwati, the former Chief Justice of India, international human rights norms would remain sterile unless lawyers and judges poured life into them, and infused them with vigour and strength so that they may become vibrant and meaningful for the whole of humanity and their universality a living reality. The International Bar Association was pleased to provide practical support to the Office of the High Commissioner for Human Rights by jointly recruiting and financing a Consultant to draft the Manual and Guide and by creating an international committee of distinguished jurists to review and comment on the text. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers xxix

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